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(영문) 수원지방법원 2015.08.20 2015가단9598
건물명도 및 임대로 등
Text

1. Defendant B Co., Ltd.:

(a) deliver the real estate listed in Attachment 1;

(b) 4,796,680 Won;

Reasons

1. Facts of recognition;

A. On September 11, 2014, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the lease deposit amount of KRW 5 million, KRW 1.3 million per month, KRW 1.3 million per month, and KRW 1.3 million from September 16, 2014 to September 15, 2016 (hereinafter “instant lease agreement”) and delivered the said real estate to the said Defendant.

B. On the same day, the Plaintiff entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) with regard to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “the instant real estate”). The Plaintiff, together with the instant real estate No. 1, entered into a lease agreement with the Defendant C (hereinafter “Defendant C”), with the terms that the lease deposit amount is KRW 5 million, KRW 1.5 million per month, KRW 1.5 million per month, and the lease term is set from September 16, 2014 to September 15, 2016 (hereinafter “instant lease agreement”); and the said lease agreement was delivered to the Defendant C in combination with the instant lease agreement No. 1.

C. The Defendants continued to delay two or more occasions, such as payment on November 7, 2014, of the first minute to pay as of October 16, 2014, and payment on November 16, 2014, on two occasions, that the said second minute was to be made as of November 16, 2014, and payment on February 16, 2015.

Accordingly, the Plaintiff terminated the instant lease contract and the instant two lease contract on the ground that the Defendants failed to pay rent more than twice by the delivery of the duplicate of the complaint of this case.

E. Meanwhile, as of February 15, 2015, Defendant B’s unpaid rent and management fee of KRW 4,796,680 (i.e., unpaid rent of KRW 4,290,000) and Defendant C’s unpaid rent is KRW 4,950,00.

F. As of the date of closing the argument of this case, the Defendants are identical to the previous real estate.

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